LexBlog IP

MARCH 11, 2024

of the order, the administration charged the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USTPO) with three directives: 1. Accordingly, the USPTO responded to its first directive and issued its Inventorship Guidance for AI-Assisted Inventions on February 13, 2024. [2]

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Patently-O

APRIL 25, 2024

The Initiative will be hosting its second conference at Emory University Law School in Atlanta on Friday, September 20, 2024. And which innovators become inventors? of inventors. What explains this innovator-inventor gap , the reduced rate at which underrepresented innovators become inventors?

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LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). The Federal Circuit previously held that an AI system cannot be listed as an inventor in Thaler v. Simply owning or overseeing an AI system used in the creation of an invention. Vidal , 43 F.4th

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IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. In Thaler v. 4] Based on U.S.

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LexBlog IP

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention.

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LexBlog IP

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. On February 13, 2024, the U.S. Everyone involved in the filing and prosecution of a U.S.

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LexBlog IP

FEBRUARY 26, 2024

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors.

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Trading Secrets

MARCH 15, 2024

2024), a case that may reshape the dynamics between trade secrets and patent rights. The Core Issue at Hand This case centers around the America Invents Act (AIA) and whether a product’s prior sale by the patent applicant can disqualify the patenting of the method used to produce said product.

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The IPKat

MAY 20, 2024

Rose Hughes shared that the USPTO has issued a request for comments regarding the impact of AI on evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. Comments are due by 29 June 2024. Details here.

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LexBlog IP

MARCH 15, 2024

2024), a case that may reshape the dynamics between trade secrets and patent rights. The Core Issue at Hand This case centers around the America Invents Act (AIA) and whether a product’s prior sale by the patent applicant can disqualify the patenting of the method used to produce said product.

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Invention Patent Confidentiality Patent Application 52

LexBlog IP

MARCH 13, 2024

2024), a case that may reshape the dynamics between trade secrets and patent rights. The Core Issue at Hand This case centers around the America Invents Act (AIA) and whether a product’s prior sale by the patent applicant can disqualify the patenting of the method used to produce said product.

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LexBlog IP

FEBRUARY 21, 2024

The USPTO issued inventorship guidance and examples for AI-assisted inventions. The guidance, which went into effect February 13, 2024, makes clear that AI-assisted inventions are not categorically unpatentable. A link to the Federal Register where the guidance has published can be found here.

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SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. Subsequently, the patent application was rejected in September 2020.

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IP Intelligence

NOVEMBER 14, 2023

1] Regarding patents, the EO requires the United States Patent and Trademark Office’s (USPTO) Director to provide guidance on AI in the context of inventorship and patentable subject matter. [2] 2] Below is a timeline of when and what the public should expect to receive from the USPTO in 2024. 1] [link]. [2] at Sec 5.2(c).

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Patently-O

APRIL 16, 2024

This portion of the bill is entitled the “ Venue Equity and Non-Uniformity Elimination Act of 2024 or VENUE Act.” By allowing venue in districts where research and development, manufacturing, or implementation of the patented invention occurred, the bill recognizes the importance of these activities in patent disputes.

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Patently-O

FEBRUARY 26, 2023

Does it matter whether the person doing the using is a member of the public, as opposed to the inventor? Most cases of “public use” have involved use by at least one member of the public—“a person other than the inventor who is under no limitation, restriction or obligation of secrecy to the inventor.” forthcoming 2024).

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Patently-O

APRIL 30, 2024

Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patent applications. That claim requires too much follow-on research work and so does not sufficiently disclose the invention. See my 2014 post. 102, and are presumed to be enabling.

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Patently-O

APRIL 21, 2024

2024), gives me pause to consider more general eligibility issues of AI Inventions. When does the design or creation of AI system elements qualify as an eligible invention? Nikola Datzov wrote what we have all been thinking: “Innovative applications of AI are everywhere we look [and are] revolutionizing our society.”

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Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed.

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The IPKat

MAY 19, 2024

The USPTO specifically calls for views on how the proliferation of AI could affect evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. Comments are due by 29 June 2024. This issue will be very familiar to anyone working with method of treatment inventions.

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Patently-O

APRIL 10, 2024

By Dennis Crouch In a recent unpublished decision, the Georgia Court of Appeals affirmed summary judgment in favor of CPA Global Support Services, LLC (“CPA”) (now part of Clarivate) against a claim of negligent misrepresentation brought by inventor James C. and his patent holding company (Spectrum Spine). Robinson, M.D.

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Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. May 21, 2024) (en banc). It remains to be seen whether those traditional design patent considerations will continue. GM Global Tech. Operations LLC , No.

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Patently-O

MAY 22, 2024

by Dennis Crouch In a recent decision, the Federal Circuit vacated a district court’s grant of summary judgment that an inventor, Dr. Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. May 21, 2024). Core Optical Techs., Nokia Corp. , 23-1001 (Fed.

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The IPKat

DECEMBER 22, 2023

Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?

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The IPKat

JANUARY 12, 2024

AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK is hosting their first event of 2024 and it's a good one - and online! Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions.

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Patently-O

MAY 17, 2024

” The decision will be captioned Ex parte Chamberlain , Appeal 22-1944 , and is post-dated May 21, 2024. Even before the decision, biotech -focused patent attorneys have been searching for ways to capture their clients innovations with broad enough coverage. Xencor’s patent application (U.S. Application No.

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Patently-O

JANUARY 11, 2024

by Dennis Crouch The USPTO has published new examination guidelines regarding the enablement requirement for utility patent applications in light of the Supreme Court’s May 2023 decision in Amgen v. Although relied upon daily in the patent system, the Supreme Court did not reference the Wands factors in its analysis.

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LexBlog IP

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. § 101. global competitiveness.

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Trading Secrets

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. global competitiveness.

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LexBlog IP

NOVEMBER 1, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. § 101. global competitiveness.

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Copyright Intellectual Property Fair Use IP 52

Patently-O

MAY 30, 2024

May 28, 2024). The case arose after Cellect sued Samsung for infringing four of its patents relating to image sensors. Although the patents all had the same effective filing dates, their expiry dates were different since some of the patents had been awarded term adjustment (PTA) because of USPTO delays. 23-1231 (U.S.

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LexBlog IP

FEBRUARY 15, 2023

important;}} The United States Patent and Trademark Office (USPTO) is extending the Expanded Collaborative Search Pilot (CSP) program in partnership with the Japan Patent Office (JPO) and the Korean Intellectual Property Office (KIPO) for an additional two years through October 31, 2024.

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